remanded EB-3
Churrasqueiro Chef
Food And Beverage · 2022-11-10
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Framework Evaluation
0 of 1 criteria metJob Qualifications (Not Met)
The Director concluded the Petitioner had not established that the Beneficiary qualified for the position at the time of filing, though this is being remanded for reconsideration.
Experience Documentation (Not Met)
The Director found the work experience letter to be fraudulent; however, the Petitioner argues the job history was true and correct.
Why This Petition Was Remanded
The AAO withdrew the Director's decision because it did not properly consider the Petitioner's arguments regarding the Beneficiary's experience and the validity of the work history. The Director also erred by dismissing a motion to reconsider solely on a procedural omission without addressing the merits of the fraud and qualification claims. The matter was remanded for a new decision addressing the substantive merits of the motion.
Evidence
Skills Required
- at least two years of training or experience
- churrasqueiro chef skills
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Frequently Asked Questions
A remanded EB-3 petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-11-10.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 0 / 1
EB-3 Case Data
Scraped Case Data
Total Cases 108
Success Rate 9.3%
Sustained 10
Dismissed 63
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